Citation Nr: 21032665 Decision Date: 05/27/21 Archive Date: 05/27/21 DOCKET NO. 17-65 483 DATE: May 27, 2021 ORDER As the claim is withdrawn, the claim of entitlement to an evaluation in excess of 40 percent for status-post laminectomy of L5-S1 with symptoms of nerve damage (lumbar spine disability) is dismissed. As the claim is withdrawn, the claim of entitlement to a compensable evaluation prior to February 12, 2018, and an evaluation in excess of 30 percent therefrom for headaches is dismissed. FINDING OF FACT In January 2021, prior to the promulgation of a decision in the appeal, the Department of Veterans Affairs (VA) received notification from the Veteran that he sought to withdraw the claims of entitlement to increased evaluations for the service-connected lumbar spine disability and headaches. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal of entitlement to an evaluation in excess of 40 percent for service-connected lumbar spine disability are met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. 2. The criteria for withdrawal of the appeal of entitlement to an evaluation in excess of 30 percent for headaches are met. 38 U.S.C. § 7105(b)(2), (d)(5); 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty from October 1975 to November 1994. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In December 2019, the Veteran testified before the undersigned Veterans Law Judge (VLJ). A hearing transcript is associated with the record. In February 2020, the Board remanded the above-noted issues and the issues of entitlement to service connection for a left hip disability and a left hip scar. In a December 2020 rating decision, the RO granted service connection for left hip degenerative arthritis and a left hip scar. Thus, these issues are no longer on appeal. See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997). The record contains no indication that the Veteran has disagreed with the initial rating or effective date assigned, thus, those matters are not in appellate status. See Grantham, 114 F. 3d at 1158 (holding that a separate notice of disagreement must be filed to initiate appellate review of "downstream" elements such as the disability rating or effective date assigned). 1. Entitlement to an evaluation in excess of 40 percent for lumbar spine disability. 2. Entitlement to an evaluation in excess of 30 percent for headaches. The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. Unless an appeal is withdrawn on the record at a hearing, appeal withdrawals must be in writing and must include the name of the veteran, the name of the claimant or appellant if other than the veteran, the applicable VA file number, and a statement that the appeal is withdrawn. If the appeal involves multiple issues, the withdrawal must specify that the appeal is withdrawn in its entirety or list the issue(s) withdrawn from the appeal. 38 C.F.R. § 19.55(b)(1). Until the appeal is transferred to the Board, an appeal withdrawal is effective when received by the agency of original jurisdiction. 38 C.F.R. § 19.55(b)(3). (Continued on the next page) On January 25, 2021, VA received an Appeals Satisfaction Notice indicating that the Veteran sought to withdraw the remaining issues contained in the most recent supplemental statement of the case (SSOC). See Correspondence (1/25/21). The most recent SSOC addressed the claims for increased evaluations for the service-connected lumbar spine disability and headaches. See SSOC (12/9/2020). The withdrawal is in writing and contains the Veteran's name, VA file number, and a statement indicating that the Veteran wished to withdraw the claims on appeal. 38 C.F.R. § 19.55(b)(1). Hence, there remains no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal of this matter and it is dismissed. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K.M., Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.